Arkansas 2023 Regular Session

Arkansas Senate Bill SB346 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 363 of the Regular Session
3	2		LHR056 03-07-2023 09:45:28 LHR056
4	3
5	4		State of Arkansas As Engrossed: S3/7/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 346 3
8	7		4
9	8		By: Senator Hester 5
10	9		By: Representative C. Fite 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO PROMOTE PE RMANENCY AND TO STRE NGTHEN 9
14	13		KINSHIP PLACEMENTS F OR CHILDREN IN FOSTE R CARE; TO 10
15	14		AMEND AND UPDATE THE LAW REGARDING ADOPTI ON, 11
16	15		DEPENDENCY-NEGLECT CASES, CHILD WELFARE AGENCIES, AN D 12
17	16		PLACEMENT OF CHILDRE N; TO AMEND AND UPDA TE THE LAW 13
18	17		REGARDING GUARDIANSHIP AND A DOPTION SUBSIDIES; T O 14
19	18		AMEND THE LAW REGARD ING EXTENDED JUVENIL E 15
20	19		JURISDICTION UNDER T HE ARKANSAS JUVENILE CODE OF 16
21	20		1989; AND FOR OTHER PURPOSES. 17
22	21		18
23	22		19
24	23		Subtitle 20
25	24		TO PROMOTE PERMANENCY AND TO STRENGTHEN 21
26	25		KINSHIP PLACEMENTS FOR CHILDREN IN FOST ER 22
27	26		CARE. 23
28	27		24
29	28		25
30	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31	30		27
32	31		SECTION 1. Arkansas Code § 9 -8-204(a)(10), concerning the time a child 28
33	32		is required to have been in the home of a prospective relative guardian after 29
34	33		the prospective guardian's home was opened as a foster home in order for the 30
35	34		child to be eligible for subsidized guardianship, is amended to read as 31
36	35		follows: 32
37	36		(10)(A) While in the custody of the department, the child 33
38	37		resided in the home of the prospective relative guard ian for at least six (6) 34
39	38		consecutive months after the prospective guardian's home was opened as a 35
40	39		foster home. 36 As Engrossed: S3/7/23 SB346
41	40
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43	42
44	43
45	44		(B) If the department determines that adequate funding is 1
46	45		available for a guardianship subsidy for a child who is not Title IV -E 2
47	46		eligible under subdivision (a)(8) of this section, the department may waive 3
48	47		the time requirement under this subdivision. 4
49	48		5
50	49		SECTION 2. Arkansas Code § 9 -9-407, concerning a family's eligibility 6
51	50		for a subsidy for purposes of an adoption, is amended to add an additional 7
52	51		subsection to read as follows: 8
53	52		(d) State-funded subsidies may be available, as determined by the 9
54	53		department for an adult who: 10
55	54		(1) Is in foster care at eighteen (18) years of age; 11
56	55		(2) Participates in an extended foster care program under § 9 -12
57	56		27-306 or § 9-28-114; and 13
58	57		(3) Is not Title IV -E eligible. 14
59	58		15
60	59		SECTION 3. Arkansas Code § 9 -9-504(b)(1), concerning counseling 16
61	60		requirements when a birth parent or adult adoptee is registered in a 17
62	61		voluntary adoption registry, is amended to read as follows: 18
63	62		(b)(1)(A) Upon registering, the registrant shall participate in not 19
64	63		less than one (1) hour of counseling with a social worker employed by an 20
65	64		employee or contractor as designated by the entity that operates the 21
66	65		registry. If a birth parent or adult adoptee is domiciled outside the state, 22
67	66		he or she shall obtain counseling from a social worker employed by an 23
68	67		employee or contractor as designated by a licensed agency in that other state 24
69	68		selected by the entity that operates the registry. 25
70	69		(B) If a birth parent or adult adoptee is domiciled outside 26
71	70		the state, he or she shall obtain counseling from a social worker employed by 27
72	71		an employee or contractor as designated by a licensed agency in that other 28
73	72		state selected by the entity that operates the registry. 29
74	73		30
75	74		SECTION 4. Arkansas Code § 9 -27-306(a)(1)(D), concerning extended 31
76	75		juvenile jurisdiction under the Arkansas Juvenile Code of 1989, is amended to 32
77	76		read as follows: 33
78	77		(D) Proceedings in which a family is alleged to be in need 34
79	78		of services as defined by this subchapter , which shall include juveniles from 35
80	79		birth to eighteen (18) years of age, except for the following: 36 As Engrossed: S3/7/23 SB346
81	80
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83	82
84	83
85	84		(i) A juvenile whose family has been adjudicated as 1
86	85		a family in need of services and who is in foster care before eighteen (18) 2
87	86		years of age may reques t that the court continue jurisdiction until twenty -3
88	87		one (21) years of age if the juvenile is engaged in a course of instruction 4
89	88		or treatment, or is working at least eighty (80) hours a month towards self -5
90	89		sufficiency to receive independent living or transit ional services the 6
91	90		requirements in subdivision (a)(1)(B)(i)(a) of this section are met ; 7
92	91		(ii) The court shall retain jurisdiction only if the 8
93	92		juvenile remains meets or has a viable plan to remain in instruction or 9
94	93		treatment to receive independent livin g services meet the requirements in 10
95	94		subdivision (a)(1)(B)(i)(a) of this section ; or 11
96	95		(iii) The court shall discontinue jurisdiction upon 12
97	96		request of the juvenile or when the juvenile completes or is discontinued 13
98	97		from the instruction or treatment requirements to receive independent living 14
99	98		services; 15
100	99		16
101	100		SECTION 5. Arkansas Code § 9 -27-306(e) and (f), concerning when a 17
102	101		juvenile over eighteen (18) years of age is allowed to reenter extended 18
103	102		foster care, are amended to read as follows: 19
104	103		(e) Regardless of funding, a juvenile will be allowed to return to 20
105	104		foster care if: 21
106	105		(1) evidence Evidence is presented to the circuit court that the 22
107	106		department failed to comply with §§ 9 -27-363 and 9-28-114 or if there is 23
108	107		evidence that the juvenile was coerced by an em ployee or agent of the 24
109	108		department to leave foster care ; or 25
110	109		(2) The juvenile submits a request to reenter foster care in 26
111	110		writing or verbally to the department . 27
112	111		(f) If a juvenile over eighteen (18) years of age who is allowed to 28
113	112		reenter extended foster care fails to be engaged in or have a viable plan to 29
114	113		meet the requirements in subdivision (a)(1)(B)(i)(a) of this section or have 30
115	114		a viable plan to meet the requirements of subdivision (a)(1)(B)(i)(a) of this 31
116	115		section for more than sixty (60) days, the depar tment may: 32
117	116		(1) file File a motion to terminate the jurisdiction of the 33
118	117		court and discharge the juvenile from foster care ; or 34
119	118		(2) Provide notice to the juvenile not under the jurisdiction of 35
120	119		the court that his or her case will be closed and discharge the juvenile from 36 As Engrossed: S3/7/23 SB346
121	120
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123	122
124	123
125	124		foster care. 1
126	125		2
127	126		SECTION 6. Arkansas Code § 9 -27-311(e)(2)(C), concerning required 3
128	127		contents of a petition filed under the Arkansas Juvenile Code of 1989, is 4
129	128		amended to read as follows: 5
130	129		(C) The supporting affidavit of facts shall include known 6
131	130		information regarding the fitness of the noncustodial parent to be considered 7
132	131		for custody, placement, or visitation family time with the juvenile. 8
133	132		9
134	133		SECTION 7. Arkansas Code § 9 -27-315(a)(1)(B)(iii)(a), concerning the 10
135	134		probable cause hearing in a de pendency-neglect case, is amended to read as 11
136	135		follows: 12
137	136		(a) Evidence pertaining to visitation family 13
138	137		time; and 14
139	138		15
140	139		SECTION 8. Arkansas Code § 9 -27-325(o) and (p), concerning visitation 16
141	140		between a juvenile and parent in a dependency -neglect case, are amend ed to 17
142	141		read as follows: 18
143	142		(o)(1)(A) If the court determines that the health and safety of the 19
144	143		juvenile can be adequately protected and it is in the best interest of the 20
145	144		child, unsupervised visitation family time may occur between a juvenile and a 21
146	145		parent. 22
147	146		(B) Unless the court has restricted unsupervised family 23
148	147		time, the department may allow unsupervised family time between a juvenile 24
149	148		and a parent at any time. 25
150	149		(2)(A) A petitioner has the burden of proving at every hearing 26
151	150		that unsupervised visitation family time is not in the best interest of a 27
152	151		child. 28
153	152		(B) If the court determines that unsupervised visitation 29
154	153		family time between a juvenile and a parent is not in the best interest of 30
155	154		the child, visitation family time between the juvenile and the parent shall 31
156	155		be supervised. 32
157	156		(C)(i) A rebuttable presumption that unsupervised 33
158	157		visitation family time is in the best interest of the juvenile applies at 34
159	158		every hearing. 35
160	159		(ii) The burden of proof to rebut the presumption is 36 As Engrossed: S3/7/23 SB346
161	160
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163	162
164	163
165	164		proof by a preponderance of the ev idence. 1
166	165		(D)(i) If the court orders supervised visitation family 2
167	166		time, the parent from whom custody of the juvenile has been removed shall 3
168	167		receive a minimum of four (4) hours of supervised visitation family time per 4
169	168		week. 5
170	169		(ii) The court may order less than four (4) hours of 6
171	170		supervised visitation family time if the court determines that the supervised 7
172	171		visitation family time: 8
173	172		(a) Is not in the best interest of the 9
174	173		juvenile; or 10
175	174		(b) Will impose an extreme hardship on one (1) 11
176	175		of the parties. 12
177	176		(p) When visitation family time is ordered between a juvenile and the 13
178	177		parent: 14
179	178		(1)(A) A parent's positive result from a drug test is 15
180	179		insufficient to deny the parent visitation family time with a juvenile. 16
181	180		(B) If at the time that visitation family time between the 17
182	181		parent and a juvenile occurs a parent is under the influence of drugs or 18
183	182		alcohol, exhibits behavior that may create an unsafe environment for a child, 19
184	183		or appears to be actively impaired, the visitation family time may be 20
185	184		cancelled; and 21
186	185		(2) A relative or fictive kin may transport a juvenile to and 22
187	186		from visits family time with a parent if: 23
188	187		(A) It is in the best interest of a child; 24
189	188		(B) The relative or fictive kin submits to a background 25
190	189		check and a child maltreatment registry check; and 26
191	190		(C) The relative or fictive kin meets the driving 27
192	191		requirements established by the department. 28
193	192		29
194	193		SECTION 9. Arkansas Code § 9 -27-327(a)(1)(B), concerning findings made 30
195	194		by the court after a juvenile is found dependent -neglected in the 31
196	195		adjudication hearing in a dependency -neglect case, is amended to read as 32
197	196		follows: 33
198	197		(B)(i) If the court finds that the juvenile is dependent -34
199	198		neglected, the court shall determine whether a noncustodial parent 35
200	199		contributed to the dependency -neglect and whether the noncustodial parent is 36 As Engrossed: S3/7/23 SB346
201	200
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203	202
204	203
205	204		a fit parent for purposes of custody or visitation family time. 1
206	205		(ii) A noncustodial parent in subdivision 2
207	206		(a)(1)(B)(i) of this section is presumed to be a fit parent. 3
208	207		(iii)(a) If no prior court order h as been entered 4
209	208		into evidence concerning custody or visitation family time with the 5
210	209		noncustodial parent of the juvenile subject to the dependency -neglect 6
211	210		petition, the petitioner shall, and any party may, provide evidence to the 7
212	211		court whether the noncustod ial parent is unfit for purposes of custody or 8
213	212		visitation family time. 9
214	213		(b) The petitioner shall provide evidence as 10
215	214		to whether the noncustodial parent contributed to the dependency -neglect. 11
216	215		(iv)(a) The court may transfer temporary custody or 12
217	216		permanent custody to the noncustodial parent after a review of evidence and a 13
218	217		finding that it is in the best interest of the juvenile to transfer custody, 14
219	218		or the court may order visitation family time with the noncustodial parent. 15
220	219		(b) An order of transf er of custody to the 16
221	220		noncustodial parent does not relieve the Department of Human Services of the 17
222	221		responsibility to provide services to the parent from whom custody was 18
223	222		removed, unless the court enters an order to relieve the department of the 19
224	223		responsibility. 20
225	224		(c) A home study is not required to transfer 21
226	225		custody to a parent of the juvenile. 22
227	226		(v) If the court determines that the child cannot 23
228	227		safely be placed in the custody of the noncustodial parent, the court shall 24
229	228		make specific findings of fact re garding the safety factors that need to be 25
230	229		corrected by the noncustodial parent before placement or visitation family 26
231	230		time with the juvenile. 27
232	231		28
233	232		SECTION 10. Arkansas Code § 9 -27-335(d), concerning home study 29
234	233		requirements after a juvenile is found dependent -neglected in a dependency -30
235	234		neglect case, is amended to read as follows: 31
236	235		(d)(1) Custody of a juvenile may be transferred to a relative or other 32
237	236		individual only after a home study of the placement is conducted by the 33
238	237		department or by a licensed social worke r who is approved to do home studies 34
239	238		and submitted to the court in writing and the court determines that the 35
240	239		placement is in the best interest of the juvenile. 36 As Engrossed: S3/7/23 SB346
241	240
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244	243
245	244		(2) A home study is not required for a parent of a juvenile. 1
246	245		2
247	246		SECTION 11. Arkansas Code § 9 -27-355(b)(1)(B)(ii), concerning 3
248	247		placement of juveniles, is amended to read as follows: 4
249	248		(ii) If there is not a safety issue identified in a 5
250	249		Child Maltreatment Central Registry check or criminal background check 6
251	250		regarding all the persons identified und er subdivision (b)(1)(A) of this 7
252	251		section, the department shall provide in writing to the persons identified 8
253	252		the following notice: 9
254	253		(a) A statement saying that the juvenile has 10
255	254		been or is being removed from his or her parent; 11
256	255		(b) An explanation c oncerning how to 12
257	256		participate and be considered for care, placement, and visitation family time 13
258	257		with the juvenile; 14
259	258		(c) Information needed for a child welfare 15
260	259		safety check and home study, if the person is interested in placement; 16
261	260		(d) Information about provisional relative 17
262	261		foster care, fictive kin, and other supportive benefits available through the 18
263	262		department; 19
264	263		(e) A statement saying that failure to timely 20
265	264		respond may result in the loss of opportunities to be involved in the care, 21
266	265		placement, and visitation family time with the juvenile; and 22
267	266		(f) The name, phone number, email address, and 23
268	267		physical address of the caseworker and supervisor assigned to the case. 24
269	268		25
270	269		SECTION 12. Arkansas Code § 9 -27-355(b)(1)(F), concerning placement of 26
271	270		juveniles, is amended to read as follows: 27
272	271		(F)(i) The court may transfer custody to any relative or 28
273	272		any other person recommended by the department, the parent, or any party upon 29
274	273		review of a home study, including criminal background and child maltreatment 30
275	274		reports, and a finding that custody is in the best interest of the child. 31
276	275		(ii) A home study is not required for a parent of a 32
277	276		juvenile. 33
278	277		34
279	278		SECTION 13. Arkansas Code § 9 -27-355(b)(3)(B)(ii), concerning 35
280	279		placement of juveniles, is amended to read as follows: 36 As Engrossed: S3/7/23 SB346
281	280
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284	283
285	284		(ii)(a) If the relative or fictive kin opts to have 1
286	285		his or her home opened as a provisional foster home, the relative or fictive 2
287	286		kin shall not be paid a board payment until the relative or fictive kin meets 3
288	287		all of the requirements and his or her home i s opened as a regular foster 4
289	288		home. 5
290	289		(b) A relative or fictive kin who has his or 6
291	290		her home opened as a provisional foster home may receive a board payment from 7
292	291		the department for no more than six (6) months unless fully opened as a 8
293	292		foster home; 9
294	293		10
295	294		SECTION 14. Arkansas Code § 9 -27-355(b)(4)(B), concerning placement of 11
296	295		juveniles, is amended to read as follows: 12
297	296		(B)(i) The relative, fictive kin, or other person shall 13
298	297		not receive any financial assistance, including board payments, from the 14
299	298		department, except for financial assistance for which the relative, fictive 15
300	299		kin, or other person has applied and for which the relative, fictive kin, or 16
301	300		other person qualifies under the program guidelines, such as the Transitional 17
302	301		Employment Assistance Program , § 20-76-401, food stamps the Supplemental 18
303	302		Nutrition Assistance Program , Medicaid, and the a federal adoption subsidy . 19
304	303		(ii) A relative or fictive kin who has his or her 20
305	304		home opened as a provisional foster home may receive a monthly board payment 21
306	305		from the department for no more than six (6) months unless fully opened as a 22
307	306		foster home; and 23
308	307		24
309	308		SECTION 15. Arkansas Code § 9 -27-361(a)(2)(C)(ii)(d), concerning items 25
310	309		that must be included in a court report prepared by the Department of Human 26
311	310		Services in a depend ency-neglect case, is amended to read as follows: 27
312	311		(d) Whether the adult grandparent or other 28
313	312		adult relative is interested in visitation family time. 29
314	313		30
315	314		SECTION 16. Arkansas Code § 9 -27-361(a)(3)(C), concerning items that 31
316	315		must be included in a court r eport prepared by the court -appointed special 32
317	316		advocate in a dependency -neglect case, is amended to read as follows: 33
318	317		(C) Any information on adult relatives, including their 34
319	318		contact information and the volunteer's recommendation about relative 35
320	319		placement and visitation family time; and 36 As Engrossed: S3/7/23 SB346
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324	323
325	324		1
326	325		SECTION 17. Arkansas Code § 9 -27-361(b)(3)(C), concerning items that 2
327	326		must be included in a court report prepared by the court -appointed special 3
328	327		advocate in a dependency -neglect case, is amended to read as follows: 4
329	328		(C) Any information on adult relatives, including their 5
330	329		contact information and the volunteer's recommendation about relative 6
331	330		placement and visitation family time; and 7
332	331		8
333	332		SECTION 18. Arkansas Code § 9 -27-369(d)(1), concerning when the court 9
334	333		in a dependency-neglect case may grant a motion for resumption of services 10
335	334		for a parent whose parental rights were previously terminated, is amended to 11
336	335		read as follows: 12
337	336		(d)(1) A court may grant a motion filed under this section if it finds 13
338	337		by a preponderance of the evide nce that it is in the best interest of the 14
339	338		child to resume services and establish appropriate contact or visitation 15
340	339		family time between the child and the parent or placement of the child with 16
341	340		the parent. 17
342	341		18
343	342		SECTION 19. Arkansas Code § 9 -27-369(d)(2)(C)(i), concerning how 19
344	343		frequently a review hearing must be held in a dependency -neglect case when 20
345	344		services for a parent whose parental rights were previously terminated have 21
346	345		been resumed, is amended to read as follows: 22
347	346		(i) Finds that it is not in the best in terest of the 23
348	347		child to have contact, visitation family time, or placement with the parent; 24
349	348		25
350	349		SECTION 20. Arkansas Code § 9 -28-108(a)(2), concerning the definition 26
351	350		of "relative" in regard to the placement of juveniles, is amended to read as 27
352	351		follows: 28
353	352		(2) “Relative” means a person within the fifth degree of kinship 29
354	353		by virtue of blood, marriage, or adoption. 30
355	354		31
356	355		SECTION 21. Arkansas Code § 9 -28-108(c)(4)(B)(i), concerning placement 32
357	356		of juveniles in a provisional foster home, is amended to read as follows: 33
358	357		(i)(a) The juvenile and his or her siblings or step-34
359	358		siblings stepsiblings may be placed in the home of a relative or fictive kin 35
360	359		of the juvenile on a provisional basis no more than six (6) months pending 36 As Engrossed: S3/7/23 SB346
361	360
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363	362
364	363
365	364		the home of the relative or fictive kin being open ed as a regular foster 1
366	365		home. 2
367	366		(b) A relative or fictive kin who has his or 3
368	367		her home opened as a provisional foster home may receive a board support 4
369	368		payment from the department for no more than six (6) months unless fully 5
370	369		opened as a foster home ; 6
371	370		7
372	371		SECTION 22. Arkansas Code § 9 -28-108(c)(5)(B), concerning the receipt 8
373	372		of financial assistance by a relative or other person who is awarded custody 9
374	373		of a juvenile and any siblings or stepsiblings, is amended to read as 10
375	374		follows: 11
376	375		(B)(i) The relative or other person shall not receive any 12
377	376		financial assistance, including board payments, from the department, but may 13
378	377		receive other financial assistance that the relative or other person has 14
379	378		applied for and qualifies for under other program guidelines, such as the 15
380	379		Transitional Employment Assistance Program , § 20-76-401, food stamps the 16
381	380		Supplemental Nutrition Assistance Program , Medicaid, and the a federal 17
382	381		adoption subsidy. 18
383	382		(ii) A relative or fictive kin who has his or her 19
384	383		home opened as a provisional foster ho me may receive a board support payment 20
385	384		from the department for no more than six (6) months unless fully opened as a 21
386	385		foster home; and 22
387	386		23
388	387		SECTION 23. Arkansas Code § 9 -28-111(a)(4)(C), concerning what 24
389	388		constitutes a substantive change to a case plan, is amend ed to read as 25
390	389		follows: 26
391	390		(C) A substantive change to a case plan includes without 27
392	391		limitation a change in the placement of the juvenile, the visitation family 28
393	392		time rights of any party, or the goal of the case plan. 29
394	393		30
395	394		SECTION 24. Arkansas Code § 9 -28-111(c)(6), concerning visitation 31
396	395		rights and obligations of a parent, guardian, or custodian and the state 32
397	396		agency which must be included in a case plan when a juvenile is receiving 33
398	397		services in an out-of-home placement, is amended to read as follows: 34
399	398		(6) The visitation family time rights and obligations of the 35
400	399		parent, guardian, or custodian and the state agency during the time period 36 As Engrossed: S3/7/23 SB346
401	400
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403	402
404	403
405	404		the juvenile is in the out -of-home placement; 1
406	405		2
407	406		SECTION 25. Arkansas Code § 9 -28-111(c)(10)(C), concerning 3
408	407		documentation in a c ase plan of the efforts made to provide visitation or 4
409	408		other ongoing interaction between siblings removed from their home who are 5
410	409		not placed together, is amended to read as follows: 6
411	410		(C) Documentation of the efforts made to provide for 7
412	411		frequent visitation family time or other ongoing interaction between the 8
413	412		siblings in the case of siblings removed from their home who are not placed 9
414	413		together, unless the department documents that frequent visitation family 10
415	414		time or other ongoing interaction would be contrary to the safety or well -11
416	415		being of any of the siblings; 12
417	416		13
418	417		SECTION 26. Arkansas Code § 9 -28-402(13)(A)(i), concerning the 14
419	418		definition of "fictive kin" under the Child Welfare Agency Licensing Act, is 15
420	419		amended to read as follows: 16
421	420		(i) Is not related to a chil d by blood or marriage, 17
422	421		marriage, or adoption ; and 18
423	422		19
424	423		SECTION 27. Arkansas Code § 9 -28-402(20), concerning the definition of 20
425	424		"relative" under the Child Welfare Agency Licensing Act, is amended to read 21
426	425		as follows: 22
427	426		(20) “Relative” means a person within th e fifth degree of 23
428	427		kinship by virtue of blood , marriage, or adoption; 24
429	428		25
430	429		SECTION 28. Arkansas Code § 9 -28-903(14)(B)(ii), concerning a foster 26
431	430		parent's opportunity to participate in the planning of visitation with a 27
432	431		child in foster care and his or her birth family, is amended to read as 28
433	432		follows: 29
434	433		(ii) The opportunity to participate in the planning 30
435	434		of visitation family time with the child in foster care and his or her birth 31
436	435		family; 32
437	436		33
438	437		SECTION 29. Arkansas Code § 9 -28-1003(d)(4), concerning a foster 34
439	438		child's entitlement to visitation with siblings that are not in the same 35
440	439		placement, is amended to read as follows: 36 As Engrossed: S3/7/23 SB346
441	440
442	441		12 03-07-2023 09:45:28 LHR056
443	442
444	443
445	444		(4) If separated, to have visitation family time with all 1
446	445		siblings that shall be: 2
447	446		(A) Regular Be regular and consistent; 3
448	447		(B) Include face-to-face meetings or alternate methods of 4
449	448		communication at least one (1) time per week when possible; and 5
450	449		(C) Outlined Be outlined in the case plan and approved by 6
451	450		the court; 7
452	451		8
453	452		SECTION 30. Arkansas Code § 9 -28-407(h)(2), concerning release of 9
454	453		foster and adoptive home records, is amended to add an additional subsection 10
455	454		to read as follows: 11
456	455		(J)(i) To a person, agency, or organization engaged in a 12
457	456		bona fide research or evaluation project that is determined by the Division 13
458	457		of Children and Family Servic es to have value for the evaluation or 14
459	458		development of policies and programs within the Division of Children and 15
460	459		Family Services. 16
461	460		(ii) Any confidential information provided by the 17
462	461		department for a research or evaluation project under subdivision (h)(2) (J) 18
463	462		of this section shall not be redisclosed or published. 19
464	463		20
465	464		SECTION 31. Arkansas Code § 9 -27-316(f)(4), concerning an attorney ad 21
466	465		litem's access to records relevant to a juvenile's case under the Arkansas 22
467	466		Juvenile Code of 1989, is amended to read as foll ows: 23
468	467		(4) An attorney ad litem shall be provided access to all 24
469	468		records relevant to the juvenile's case, including, but not limited to, 25
470	469		school records, medical records, all court records relating to the juvenile 26
471	470		and his or her family, and records, includ ing those maintained electronically 27
472	471		and in the Children's Reporting and Information System case management 28
473	472		system, of the Department of Human Services relating to the juvenile and his 29
474	473		or her family to the extent permitted by federal law. 30
475	474		31
476	475		/s/Hester 32
477	476		33
478	477		34
479		-	~~APPROVED: 3/21/23~~ 35
	478	+	35
480	479		36